The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

Questions:

1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail? 2. If that is the case then in my situation should I safely assume my wife's application was rejected?

Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

My PD is 11/30/05 EB3

Thanks Raj

Replies based on my experience.

1. Separate postal mail.

2. Spouse's receipt notices can come days and even weeks apart. Since you have your receipt numbers already, you can call USCIS and get your wife's receipt numbers if her case has been entered into the system as well. Why are you assuming that her application has been rejected... ...there are applicants from early June who still haven't received their receipt notices.

Thanks, Jayant

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saketkapur

10-11 01:00 PM

I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section". Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....

PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney

Sorry to say this but there are very few memebers on this forum without EAD. I think this website existed for a while but only came to life when dates became current in 2007. You can notice that most memebers here are with EAD when you see the number responses you get for EAD/AP related threads Vs H1B. Open an H1B thread and notice how quick that gets buried. But that will soon change, when most memebers with EAD get their green card they will hopefully be replaced by newer, non-EAD memebers and then we will have one united community(H1B, non-EAD,temporary workers). FYI, no EAD for me as well.

I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late. Thnaks! Please fax/email if any of you get the responses.

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jasmin45

08-08 04:49 PM

Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.

There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.

There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?

its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay). Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..

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Sunx_2004

01-02 04:05 PM

Congratulations you started the process, Now relax and wait. Without any favourable legislation It can be while before you can apply for your AOS. Meanwhile have labor and I 140 approved.

Hi Everybody,

I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

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hary536

05-20 03:51 PM

Hi, Thanks for the reply. In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits. So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.

Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to file an amendment? If yes, which H1B or LCA or both?

Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?

1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

Have a good day!

________________________ Not a legal advice US citizen of Indian origin

amsgc

06-16 12:35 AM

Murali,

It is always good to have your documents in order. If you are aware of the problem, why don't you have it fixed? It may very well be a typo. on the card, and everything else may be in order. For example, what does it say on your credit report? If it is the other way round, then there is problem that must be fixed.

I would have it fixed it anyway.

Dear Friends

I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.

Will my 1-485 case get stuck because of this is it a good idea to change the name on SSN now.

Any suggestions.

Thanks Murali

cool_desi_gc

09-28 07:18 PM

My name(s) were mispeld as well...My lawyer talked to USCIS and sorted it out.

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